2015 QCCQ 4113, 2015 QCCQ 4113

Filippone c. Reiss 2015 QCCQ 4113 COURT OF QUEBEC “Small claims Division” CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL No: 500-32-135479-121 DATE: May 20, 2015. ______________________________________________________________________ BY THE HONOURABLE ARMANDO AZNAR, J.C.Q. ______________________________________________________________________ ENIO FILIPPONE Plaintiff v.

AMI REISS Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff claims from Defendant the sum of 7,000.00 $ for renovation and construction work done at the request and for the benefit of said Defendant. [ 2 ] At the hearing, Defendant admitted : a. having given Plaintiff a contract to do renovation work at his apartment; b. that the work performed by Plaintiff was of acceptable quality; c. that Plaintiff was to be remunerated on an hourly rate basis. [ 3 ] However, the Defendant contests owing the amount that was billed to him by Plaintiff. [ 4 ] Plaintiff’s bill is dated November 1 st , 2010 (Exhibit P-1).

It is for an amount of $ 7,500.00 plus taxes for a total amount of $ 9, 454.41. [ 5 ] In the said bill, Plaintiff identifies the days worked by him and the number of hours worked each day. These hours totalize 150. [ 6 ] Plaintiff did not file in Court the log book containing the details of the hours worked by him on the job. However, he testified that he and his employee actually put in 150 hours of work on the jobsite. [ 7 ] For his part, Defendant did not have anyone supervising the job at his request.

This being so, other than his own testimony, he was unable to provide the Court with any conclusive evidence regarding the number of hours worked by Plaintiff. [ 8 ] The evidence revealed that Defendant did retain the services of Myrna Godfrit in order to help him with some issues regarding the renovation of the apartment. [ 9 ] Myrna Godrit testified that she was present on the jobsite very often and that in her opinion, the work performed by Plaintiff was of excellent quality.

Furthermore, she testified that she was not at all surprised to see that Plaintiff had in fact worked 150 hours on the site. [ 10 ] Defendant testified that, according to him, the work done by the Plaintiff was worth $ 2,000.00 taxes included. [ 11 ] Considering that Plaintiff’s testimony regarding the number of hours worked by him and his employee was corroborated by that of Madam Myrna Godfrit, a credible witness, the Court does not accept as reasonable Defendant’s evaluation of the number of hours worked by Plaintiff. [ 12 ] After consideration of the evidence, the Court is of the opinion that Plaintiff claim in the amount of $ 7,000.00 (taxes included) is well founded in fact and in law considering that the value of the work done is of $ 9,454.41. [ 13 ] Consequently, Plaintiff’s action is maintained for the amount claimed by him.

FOR THE FOREGOING REASONS, THE COURT: MAINTAINS Plaintiff’s action.

CONDEMNS Defendant to pay to Plaintiff the sum of $ 7,000.00 with interests at the legal rate plus the additional indemnity provided for by

article 1619 of the Civil Code of Quebec as of December 5, 2011. THE WHOLE with costs in the amount of $ 163.00. __________________________________ ARMANDO AZNAR, J.C.Q. Enio Filippone Plaintiff Ami Reiss Defendant Date of hearing: May 12, 2015